TERMS OF SERVICE FOR PROFESSIONALS

Please Read Carefully.

Updated: August 29, 2016 

 

This terms of service for professionals and salons (“Salon TOS”) is between you and the legal entity related to your salon (collectively, “You”, “Your”, “you” and “your”) and Styleteq and its subsidiaries and affiliates (collectively, “Styleteq,” “we,” “our,” and “us”). This Salon TOS governs your access to and/or use of the website, www.styleteq.com, any mobile versions and/or applications related thereto, products, services and any sites Styleteq has now or in the future (collectively, the “Services”), including without limitation as it relates to you promoting services and/or products by accessing and/or using our Services and/or interacting with customers and/or other users of the Services. You also agree to Styleteq’s Privacy Policy, located at [www.styleteq.com/privacy_policy] and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with the Privacy Policy and this Salon TOS.

 

By clicking on the “Accept” button on the screen as it relates to this Salon TOS and/or by accessing and/or using the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions of this Salon TOS, as well as all other applicable rules or policies, terms and conditions or agreements that are or may be established by Styleteq from time to time and the foregoing shall be incorporated herein by reference. The terms and conditions of this Salon TOS will exclusively govern your access to and/or use of the Services.  If you do not accept this Salon TOS, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized.

 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND STYLETEQ WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.

 

1. CHANGES TO TERMS

Styleteq may, at any time, for any reason, make changes to the Services and/or modify this Salon TOS in its sole and absolute discretion. If Styleteq makes changes and/or modifications that affect your use of and/or access to the Services, we will post notice of the change and/or modification on this Salon TOS page and change the ‘Updated’ date set forth above.  You agree that your continued use of the Services following changes and/or modifications will constitute your acceptance of such changes and/or modifications.  We may also provide you additional forms of notice as appropriate under the circumstances.  If you do not agree to the changes, you shall close your account and shall not use the Services offered after the effective date of the changes and/or modifications.  Please revisit this Salon TOS regularly to ensure that you stay informed of any changes and/or modifications.

 

2. OVERVIEW

Styleteq acts as a venue and marketing tool to allow grooming professionals to gain new clients through the Service and to otherwise operate as an online tool for professionals to advertise their booths for rent.

 

3. USE OF THE SERVICES   

Access to Services.  Styleteq retains the right, in our sole discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the Service and/or access to your account due to circumstances within Styleteq’s control (e.g., routine maintenance) and outside of Styleteq’s control.  You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time as determined by Styleteq in its sole and absolute discretion and without notice and/or liability.

 

Eligibility.  The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13).  Styleteq does not knowingly collect or solicit information from children under the age of thirteen (13).  To access and/or use the Services, you must be eighteen (18) years or older or have the requisite power and authority or possess legal parental or guardian consent to enter into this Salon TOS.  If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at support@styleteq.com if you think a child has provided us with personal information. 

 

Creating an Account.  You may establish a professional salon account through the Services.  Such account requires you to (i) indicate agreement to this Salon TOS, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by Styleteq in its sole and absolute discretion.  If you establish a store account with Styleteq, you agree to provide true, accurate and current information in connection with your store account.  You are responsible for updating and correcting information you have submitted to create and/or maintain your professional salon account. You are solely responsible for maintaining the security and confidentiality of the password you use to access your professional salon account.  You acknowledge and agree that Styleteq shall have no responsibility for any incident arising out of, or related to, your professional salon account settings. Styleteq will assume that anyone using the Services and/or transacting through your professional salon account is you.  Therefore, you further agree to immediately notify Styleteq of any unauthorized use of your password and/or professional salon account and/or any other breach of security.  You may only create and hold one (1) professional salon account and are prohibited from using other disguised identities when using the Service. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark or other proprietary rights, as determined by Styleteq in its sole and absolute discretion.  Your professional salon account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate this Salon TOS we may terminate your professional salon account immediately.  Upon termination, the provisions of this Salon TOS that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination. 

 

If we terminate your professional salon account, you may not subscribe under a new professional salon account unless we formally invite you. If you commit fraud and/or falsify information in connection with your use of the Services, your professional salon account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.

 

Communications from Styleteq.  By creating a professional salon account, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us and/or the customers electronically, and you consent to receive communications from us and/or the customers electronically.  We will communicate with you by e-mail and/or by posting notices on the Service. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Your Conduct and Responsibilities.  Styleteq grants you the rights set forth herein, subject to the following conditions:

  1. You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service;
  2. You agree not to submit or transmit any emails and/or materials through the Service that contain a virus, worm, Trojan horse and/or any other harmful component;
  3. You may not access all or any part of the Service in order to build a product or service which competes with the Service;
  4. You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Service or individual sections of it, in any form or media;
  5. You are only authorized to view, use, copy for your records and download small portions of the content on the Services for your informational, non-commercial use; provided that you leave all copyright and other proprietary notices intact.
  6. You are responsible for the accuracy and quality of the data and content that you submit and will not violate the intellectual property rights of anyone;
  7. You agree to act in accordance with all applicable laws, rules and regulations;
  8. You shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity;
  9. You shall not imply that Salon Content is in any way sponsored and/or endorsed by Styleteq;
  10. You agree not to intentionally hold Styleteq and/or their employees and/or directors up to public scorn, ridicule or defamation;
  11. You will not promote and/or provide information about illegal activities or physical harm or injury to any group, individual, institution and/or property;
  12. You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Services, and notify Styleteq promptly of any such unauthorized access and/or use;
  13. You will not attempt to do any of the following: access data not intended for you, monitor the Service for data gathering purposes in an effort to track sales, usage, aggregate, pricing and/or similar information, and/or interfere with the Service in relation to any user in any manner; and/or
  14. You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.

 

Styleteq shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the Service except as otherwise specified in this Salon TOS and/or the Privacy Policy and/or as set forth in any additional terms and conditions relating to specific products and/or services utilized by Styleteq in conjunction with the Services, and/or as otherwise required by law.  The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of Styleteq is strictly prohibited.

 

4.  SALON GUIDELINES

General. You are responsible for paying all fees associated with using Styleteq’s Service and all applicable taxes. Unless otherwise stated, all fees are quoted in US Dollars (“USD”).

 

Safe trading.  Because user authentication on the ‘Internet’ is difficult, Styleteq cannot and does not confirm each user’s purported identity.  Therefore, we encourage you to communicate directly with potential customers through the features available through our Service. Although Styleteq strives to provide accurate information, we are not responsible for any errors in any listing or any offers advertised by any user, salon and/or professional.  We encourage you to verify all such information with each user, salon and/or professional.    

 

Listing Restrictions. Styleteq prohibits the listing or sale of any service that is illegal to sell under any applicable law, statute, ordinance, or regulation.  Salon Content that violates our policies may be deleted in our sole discretion. Your descriptions may include text (including variations available, size, color, price, shipping costs), graphics, pictures, and other content relevant to the sale of the services you offer. 

 

5. PURCHASES AND FEES

General.   The Services are provided free of charge (unless otherwise indicated). However, Styleteq may charge professional salon accounts fees for listing services offered for sale through the Service.  You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any services offered for sale through the Service (such fees, charges and taxes are collectively referred to as “Fees”).  Styleteq reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.  Styleteq may, in its sole discretion, verify a professional salon account’s identity prior to allowing such store to list descriptions and/or advertisements on the Services.  Styleteq may also refuse to process, and/or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Salon TOS.

 

6. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to descriptions, pricing, promotions, offers, and availability.  We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, descriptions, specifications, and/or other information without obligation to issue any notice of such changes.

 

7. PROPRIETARY RIGHTS AND LICENSES

Ownership.  The Services, Content on the Services and the infrastructure used to provide the Services are proprietary to Styleteq, our affiliates and other content providers. By using the Services and accepting this Salon TOS: (a) Styleteq grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Salon TOS and to any additional terms and policies set forth by Styleteq; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express written permission of Styleteq.

 

Reservation of Rights.  The materials, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other content on the Service (“Content”), as well as the organization and/or layout of the Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions and Styleteq retains all rights, title and interest related thereto or has the rights necessary use and/or display the foregoing.  Styleteq owns, controls, lawfully uses and/or licenses the Content on the Service.  Styleteq’s name and logo may not be copied, imitated and/or used, without Styleteq’s prior written permission.  Subject to the limited rights expressly granted hereunder, Styleteq and/or its third party providers reserve all right, title and interest in and to the Services and Content, including without limitation all related worldwide intellectual property rights.  No rights are granted to you hereunder other than as expressly set forth herein.

 

Salon Content.  During the course of your access to and/or use of the Service, you may provide a description, photo(s), prices, advertisements, marketing information, variations available, salon booths, and other content related thereto and any store and/or business logos, taglines and/or other intellectual property uploaded by you and used in connection with the Services (collectively, “Salon Content”) through communication facilities that may be offered on, through, and/or in connection with the Services from time to time.  You shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all Salon Content. You hereby grant Styleteq a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the Salon Content for any purpose.  You further hereby irrevocably grant the users of the Services, the right to access and/or use Salon Content in connection with their use of the Services in accordance with this Salon TOS if such user is a store, and in accordance with the ‘Terms of Service’ agreed to by users. You alone are responsible for Salon Content, and once published, it cannot always be withdrawn.  You assume all risks associated with Salon Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you.  You also represent that you own, and/or have the necessary permissions to use and authorize use of Salon Content as described in this Salon TOS.  As part of a transaction, you may obtain personal information, including email address and shipping information, from other users. This personal information shall only be used for the transaction and/or for Styleteq-related communications, unless otherwise approved by the user in writing.  Styleteq has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Styleteq user to your email or physical mail list.

 

Posted Content. Please carefully choose the information that you post on, through and/or in connection with the Service and that you provide to other users.  While we may offer you the ability to post Salon Content anonymously, please be aware that your account information is still stored by us.  By posting Salon Content on Styleteq, it is possible for a third party to re-post such Salon Content. You agree to hold Styleteq harmless for any dispute concerning the foregoing use.  If you choose to display your own Styleteq hosted image on another website, the image must provide a link back to its merchandise page on Styleteq.  Notwithstanding anything herein to the contrary, Styleteq should not be seen as endorsing any Salon Content in any way.  You acknowledge and agree that you have no expectation of privacy with regard to any Salon Content.  If you become aware of misuse of the Service by any person, please contact us at support@styleteq.com.  Styleteq may reject, refuse to post and/or delete Salon Content, in its sole and absolute discretion. Notwithstanding anything herein to the contrary, Styleteq is not obligated to take any action not required by law. 

 

Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Services. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to Styleteq a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback.  Styleteq has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.

 

8. PROHIBITED USE

Gathering email addresses from Styleteq through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited.  We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means, including but not limited to user profiles and/or photos (except as may be the result of standard search engine protocols and/or technologies used with Styleteq’s express written consent).  You may not use the Service in any manner that could damage, disable, overburden, and/or impair the Service and/or interfere with any other party's use and/or enjoyment of the Service.  You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services.  You may not interfere with the proper working of the Services, including without limitation by placing an unreasonable load on the Service’s infrastructure.   

 

9. DISPUTES

You are solely responsible for interactions with other professionals and users of the Service. Styleteq reserves the right, but has no obligation, to monitor disputes between users of the Services.  Styleteq has the right, but is not obligated, to do any or all of the following:

  1. record and/or monitor the dialogue in public forums and comment sections of the Service s.
  2. examine an allegation that a communication(s) does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with this Salon TOS.
  4. terminate a user’s access to any or all public areas and/or the Styleteq’s Services upon any breach of this Salon TOS.
  5. monitor, edit, or disclose any communication in the public areas.
  6. edit or delete any communication(s) posted on the Styleteq Services, regardless of whether such communication(s) violate the standards set forth herein.

 

Styleteq reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public.  Styleteq has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities. We encourage you to work out disputes through the communication tools provided through the Services.

 

Verification.  You understand that Styleteq acts only as a marketing platform and technical interface between professional salons and users.  Styleteq does not itself verify the qualifications and/or professional licenses of professional salons and/or users of the Service, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Styleteq.  Styleteq cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.  Please use caution, common sense, and practice safe trading when using Styleteq.  Styleteq uses many techniques to verify the accuracy of the information users provide to Styleteq when they register through the Services. However, because user verification on the ‘Internet’ is difficult, Styleteq cannot and does not confirm each user's purported identity.

 

10. TERMINATION

You may terminate your professional salon account at any time by deleting your account.  In such event, you are required to honor any pending transactions.  Styleteq also reserves the right, in its sole and absolute discretion, to terminate your access to the Service or any portion thereof at any time, without cause and/or without notice.  Without limiting any other remedies, Styleteq, without notice, may suspend or terminate your account if Styleteq suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or otherwise) have violated any of Styleteq’s policies set forth in this Salon TOS, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Styleteq.  In the event you share the access granted with any person or entity, and/or misuse the Services by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Styleteq will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately.  In such event, Styleteq retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you. If Styleteq terminates a listing or your professional salon account, if you close your professional salon account, or if the payment of your fees cannot be completed for any reason, you remain obligated to pay Styleteq for all unpaid fees plus any penalties, if applicable. If your professional salon account is not paid in full and becomes past due, we may suspend your account and/or terminate your account and, in such event, you shall be responsible for fees related to collection (including without limitation fees related to retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge made by Styleteq, contact Styleteq support at support@styleteq.com.

 

11. INDEMNIFICATION AND WAIVER

You shall indemnify, defend and hold harmless Styleteq, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of or in relation to (i) any merchandise sold by you through the Services, including but not limited to the payment of any taxes associated therewith; (ii) Salon Content submitted and/or posted by you, in connection with the Services, and/or any use of the Services in violation of this Salon TOS; (iii) your violation of any law and/or the rights of a third party (iv) your use of the Services and/or any breach of this Salon TOS by you, your officers, agents, employees, contractors and/or (v) fraud you commit and/or your intentional misconduct and/or negligence.  You shall give prompt notice to Styleteq upon your receipt of notice of any Claim against you that might give rise to a Claim against Styleteq. 

 

You are solely responsible for your interactions with users of the Service. To the extent permitted under applicable laws, you hereby release Styleteq from any and all claims and/or liability of any other third-party related to any product and/or service, any action or inaction by a user, including but not limited to any harm caused to you, a users failure to comply with applicable law and/or failure to abide by the terms of the merchandise offering and any conduct, speech and/or Salon Content, whether online and/or offline.

 

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

THE SERVICE, AND ANY CONTENT, ARE PROVIDED BY STYLETEQ TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THIS Salon TOS.  STYLETEQ DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH STYLETEQ EXPRESSLY DISCLAIMS.  WITHOUT LIMITING THE FOREGOING, STYLETEQ AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS TO AND/OR USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) STYLETEQ WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT.  NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM STYLETEQ OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SALON TOS.

 

13. LIMITATION OF LIABILITY

YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR OWN RISK.  IN NO EVENT SHALL STYLETEQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF STYLETEQ HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE.  THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY STYLETEQ, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, STYLETEQ’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICE, RELATED SERVICES AND/OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SERVICES.

 

STYLETEQ’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO (i) THE AMOUNT PAID, IF ANY, BY YOU TO STYLETEQ IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED DOLLARS (US$100.00), WHICHEVER IS LESS.

 

14. LINKS

The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and are for your convenience only.  Styleteq does not control or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites.  You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk.  We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit.  Styleteq reserves the right to terminate any link and/or linking program at any time in its sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites.

 

You may not link to the Services without our written permission. If you are interested in linking to the Services, please contact support@styleteq.com.

 

15. SEPARATE AGREEMENTS & CONFLICT

You may have other agreements with Styleteq. Such agreements are separate and in addition to this Salon TOS.  This Salon TOS does not modify, revise or amend the terms of any other agreements you may have with Styleteq unless expressly agreed to by the parties in writing.  In the event of a conflict between this Salon TOS and the ‘Terms of Service’ users agree to, this Salon TOS shall control as it relates to the Services described herein including without limitation as it relates to you selling merchandise by accessing and/or using our Services and/or interacting with customers and/or other users of the Services.

 

16. NO PROFESSIONAL ADVICE

The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance.  Styleteq does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services.  The Service is not a substitute for professional advice, and you should not construe this as legal, accounting, medical and/or other professional advice.

 

17. DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT

Styleteq respects the intellectual property rights of others and expects you to do the same.  We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following: 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(iv) Information sufficient to permit Styleteq to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Contact information for Styleteq’s DMCA Agent for notice of claims of copyright infringement is: Styleteq, Inc.  Attn:  Copyright Agent, 7115 North Ave Suite 524 Oak Park, IL 60302 support@styleteq.com

 

The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Article. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Service linked to and/or from the Service. All other inquiries directed to the Copyright Agent will not be responded to.

 

18. DISPUTE RESOLUTION

Disputes.  We want to address your concerns without filing a formal legal case.  Before filing a claim against Styleteq, you agree to try to resolve the dispute informally by contacting us at support@styleteq.com.  We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Styleteq agree to resolve any claims related to this Salon TOS through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.

 

Opt-Out.  You can opt-out and decline this agreement to arbitrate by contacting Styleteq within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Salon TOS).  You must write us at Styleteq, LLC, Attn: Opt-Out Arbitration, 7115 North Ave Suite 524 Oak Park, IL 60302.  If you opt out, neither you nor Styleteq can require the other to participate in an arbitration proceeding.

 

Arbitration Procedures.  Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association.  Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

 

Exceptions to Agreement to Arbitrate.   Either you and/or Styleteq may assert claims, if they qualify, in small claims court in Cook County, Illinois. Styleteq may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Styleteq’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

 

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Styleteq agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois.  Both you and Styleteq consent to the foregoing venue and jurisdiction.

 

19. MISCELLANEOUS
If any provision and/or term of this Salon TOS shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.  This Salon TOS shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Salon TOS, this Salon TOS will be deemed modified to conform to the law and the other provisions will not be affected by any such modification.  No waiver by either you and/or Styleteq of any breach and/or default and/or failure to exercise any right allowed under this Salon TOS is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Salon TOS.

 

20. CONTACT

If you would like to request additional information regarding this Salon TOS or for any questions regarding a commercial relationship with Styleteq, please contact us at support@styleteq.com.